Mr E Morgan v E-Verve Energy Ltd: 2409859/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired, and no valid response having been presented by the respondent within the prescribed time limit. It is the judgment of the Tribunal that:[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1089.99. The respondent is to pay the gross sum less the appropriate deductions for tax and national insurance, if any, for which he must account to HMRC.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1076.08. The respondent is to pay the gross sum less the appropriate deductions for tax and national insurance, if any, for which he must account to HMRC Employment Judge Holmes 6 April 2023[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guidet426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No: 2409859/2022 V 10.2 Judgment - rule 61 EMPLOYMENT TRIBUNALS Claimant: Mr Euan Morgan Respondent: E-verve Energy Limited Heard at: Manchester Employment Tribunal On: 27 October 2023 Before: Employment Judge G Tobin Attendance Claimant: Mr F Warren (lay-representative) Respondent: Mrs J Greenan and Mr J Greenan (directors)REASONS
[1]The above decision was made on the basis that, following discussions at the hearing, the claimant and the respondent had agreed a settlement.[2]If the parties do not fulfil their obligations under the settlement made between them, then the case shall be relisted before me (if possible) for a final determination. Case No: 2409859/2022 V 10.2 Judgment - rule 61[3]In the interim the case is stayed for 3 months. If the dispute is resolved, then the parties are to advise the Tribunal and the case will be dismissed in due course. If matters are not resolved within this timescale, then either, or both parties, are to write to the Tribunal and the case will be set down for a judicial resolution.